Supreme Court: Police Dogs are Allowed To Sniff Your Car Without Probable Cause

The Supreme Court ruled Monday that police can have dogs check out motorists' vehicles for drugs even if officers have no particular reason to suspect illegal activity. The 6-2 opinion, written by Justice John Paul Stevens, stipulates police dogs may sniff only the outside of a car after a motorist is lawfully stopped for a traffic violation, such as speeding or failing to stop at a stop sign. But privacy rights advocates said the ruling would lead to far more traffic stops as a way to find drugs. They also warned that the decision could open the door to more expansive searches, from sniffs inside the vehicle to checks of cars parked along sidewalks and pedestrians on the street. Before Monday's ruling, the Supreme Court had authorized drug dogs primarily to sniff luggage at airports. "The use of dogs is intimidating," said Harvey Grossman, an attorney with the American Civil Liberties Union in Chicago. "Thousands of motorists have called complaining about suddenly finding their cars surrounded by policemen and drug dogs. Now no one is safe from this major intrusion into our lives." The case involves Roy Caballes, who was stopped by Illinois police in 1998 for driving 6 mph over the speed limit. Although Caballes lawfully produced his driver's license, troopers brought over a drug dog after noticing air freshener in the car and noting Caballes appeared nervous. The dog indicated drugs were in the trunk, and police searched it even though Caballes refused to give permission. They found $250,000 worth of marijuana, and Caballes was convicted of drug trafficking. [more]